Judgment No. SC 18/18 Civil Appeal No. 137/16 another application for condonation for non-compliance with the order of 9 May 2001 in which Dzingai argued that Shorai had no locus standi in the matter as she had donated her interest in the property to the second to fourth appellants. In that application Dzingai argued that the full purchase price except the interest had been paid by August 2000. He therefore admitted that he had not paid the accrued interest. He maintained that the purported cancellation was a nullity at law. He disputed Shorai’s right to cancel the agreement. Dzingai argued that the matter only went for arbitration to clarify the issue of the outstanding interest. On 3 May 2006, while the dispute was still raging, the property was unlawfully transferred from the second to fourth appellants to Dzingai Kashumba. Dzingai died on 30 April 2007. Cecilia Kashumba, his surviving spouse was appointed executrix dative of his estate, substituting him as the first respondent. She entered into an agreement of sale with the fourth respondent, Tafirenyika Kambarami, for the sale of one of the contentious properties which the court a quo held to be unlawful. Shorai contested this development as an act of fraud, theft and misrepresentation to the office of the Registrar of Deeds. She claimed that she was unaware of the change of ownership from her children to the late Dzingai. 5